Carers and Disabled Children (Vouchers) (England) Regulations 2003
| Year | 2003 |
2003 No. 1216
SOCIAL SERVICES, ENGLAND
The Carers and Disabled Children (Vouchers) (England) Regulations 2003
Made 1st May 2003
Laid before Parliament 8th May 2003
Coming into force 29th May 2003
The Secretary of State for Health, in exercise of the powers conferred upon him by section 17B(1) and (3) of the Children Act 19891, sections 3(1) and (3) of the Carers and Disabled Children Act 20002, and of all other powers enabling him in that behalf, hereby makes the following Regulations:
Citation, commencement and application
1.—(1) These Regulations may be cited as the Carers and Disabled Children (Vouchers) (England) Regulations 2003 and shall come into force on 29th May 2003.
(2) These Regulations apply to England only.
Interpretation
2. In these Regulations—
“the Act” means the Carers and Disabled Children Act 2000;
“the 1989 Act” means the Children Act 1989;
“the 2003 Regulations” means the Community Care, Services for Carers and Children’s Services (Direct Payments) Regulations 20033;
“Children Act services” means services provided under section 17 of the 1989 Act;
“Children Act voucher” means a voucher as defined in section 17B(2) of the 1989 Act;
“community care voucher” means a voucher as defined in section 3(2) of the Act;
“relevant parent” means, in relation to a Children Act voucher, a person with parental responsibility for the disabled child;
“relevant supplier of services” means a supplier of services with whom the local authority has entered into a contract to provide community care services or Children Act services;
“service” means either a Children Act service or a community care service;
“supplier of services” means an establishment or agency in respect of which a person is registered under the Care Standards Act 20004;
“service user” means the person cared for or the disabled child to whom the services are to be supplied using a voucher;
“voucher” means either a Children Act voucher or a community care voucher; and
“voucher holder” means someone to whom a voucher has been issued in accordance with regulation 4.
Voucher values
3.—(1) The value of a voucher may be expressed in terms of—
(a)
(a) money; or
(b)
(b) the delivery of a service for a period of time
but not both, and the terms “money voucher” and “time voucher” shall be construed accordingly.
(2) A time voucher—
(a)
(a) must specify the service for which the voucher may be redeemed; and
(b)
(b) may specify the supplier of services authorised by the local authority to supply that service.
Issue of vouchers
4.—(1) Subject to paragraph (3), time vouchers may be issued—
(a)
(a) in the case of community care vouchers, to
(i) a person cared for, or
(ii) a carer, provided the person cared for—
(aa) consents to the issue of the community care voucher to the carer, or
(bb) lacks capacity so to consent; and
(b)
(b) in the case of Children Act vouchers, to a relevant parent.
(2) Subject to paragraph (3), money vouchers may only be issued in the case of a community care voucher to a person cared for, or in the case of Children Act vouchers to a relevant parent.
(3) Vouchers must not be issued to any of the following persons—
(a)
(a) a person cared for who is a person to whom paragraph (2) of regulation 2 of the 2003 Regulations applies,
(b)
(b) a carer who is a person to whom that paragraph applies,
(c)
(c) a relevant parent who is a person to whom that paragraph applies,
(d)
(d) a carer of a person mentioned in sub-paragraph (a).
Redemption of vouchers
5.—(1) The full value of a voucher, whether a money voucher or a time voucher, shall be redeemed within one year beginning with the date of...
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